1.Introduction
Welcome to Rost Technology ("Company", "we", "our", "us")! These Terms of Service ("Terms",
"Terms of Service") govern your use of our website located at rosttechnology.com (together
or individually "Service") operated by Rost Technology. Our Privacy Policy also governs your
use of our Service and explains how we collect, safeguard, and disclose information that
results from your use of our web pages. Your agreement with us includes these Terms and our
Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements,
and agree to be bound by them. If you do not agree with (or cannot comply with) Agreements,
then you may not use the Service, but please let us know by emailing at
support@rosttechnology.com so we can try to find a solution. These Terms apply to all
visitors, users, and others who wish to access or use the Service.
2.Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional
materials, and other information we may send. However, you may opt out of receiving any, or
all, of these communications from us by following the unsubscribe link or by emailing at
support@rosttechnology.com.
3.Purchases
If you wish to purchase any product or service made available through the Service
("Purchase"), you may be asked to supply certain information relevant to your Purchase
including, without limitation, your credit or debit card number, the expiration date of your
card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other
payment method(s) in connection with any Purchase; and that (ii) the information you supply
to us is true, correct, and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the
completion of Purchases. By submitting your information, you grant us the right to provide
the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not
limited to: product or service availability, errors in the description or price of the
product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected.
4.Contests, Sweepstakes, and Promotions
Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available
through the Service may be governed by rules that are separate from these Terms of Service.
If you participate in any Promotions, please review the applicable rules as well as our
Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules
will apply.
5.Content
Content found on or through this Service is the property of Rost Technology or used with
permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use
said Content, whether in whole or in part, for commercial purposes or for personal gain,
without express advance written permission from us.
6.Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You
agree not to use the Service:
In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any
way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material,
including any "junk mail", "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user,
or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful, illegal,
fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of
the Service, or which, as determined by us, may harm or offend the Company or users of
the Service or expose them to liability.
Additionally, you agree not to:
Use the Service in any manner that could disable, overburden, damage, or impair the Service or
interfere with any other party's use of the Service, including their ability to engage in
real-time activities through the Service.
Use any robot, spider, or other automatic device, process, or means to access the Service for
any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service or for any other
unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious
or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Service, the server on which the Service is stored, or any server, computer, or database
connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify the Company rating.
Otherwise attempt to interfere with the proper working of the Service.
7.Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
No Use By Minors
The Service is intended only for access and use by individuals at least eighteen (18) years
old. By accessing or using the Service, you warrant and represent that you are at least
eighteen (18) years of age and with the full authority, right, and capacity to enter into
this agreement and abide by all of the terms and conditions of these Terms. If you are not
at least eighteen (18) years old, you are prohibited from both the access and usage of the
Service.
8.Intellectual Property
The Service and its original content (excluding Content provided by users), features, and
functionality are and will remain the exclusive property of Rost Technology and its
licensors. The Service is protected by copyright, trademark, and other laws of both India
and foreign countries. Our trademarks may not be used in connection with any product or
service without the prior written consent of Rost Technology.
9.Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any
claim that Content posted on the Service infringes on the copyright or other intellectual
property rights ("Infringement") of any person or entity. If you are a copyright owner, or
authorized on behalf of one, and you believe that the copyrighted work has been copied in a
way that constitutes copyright infringement, please submit your claim via email to
support@rosttechnology.com, with the subject line: "Copyright Infringement" and include in
your claim a detailed description of the alleged Infringement.
10.DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing:
An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed, including the
URL of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on the Service where the material
that you claim is infringing is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
You can contact our Copyright Agent via email at support@rosttechnology.com.
11.Error Reporting and Feedback
You may provide us either directly at support@rosttechnology.com or via third party sites and
tools with information and feedback concerning errors, suggestions for improvements, ideas,
problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge
and agree that:
You shall not retain, acquire, or assert any intellectual property right or other right,
title, or interest in or to the Feedback
The Company may have development ideas similar to the Feedback
Feedback does not contain confidential information or proprietary information from you
or any third party
The Company is not under any obligation of confidentiality with respect to the Feedback.
In the event the transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant the Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sublicensable, unlimited, and perpetual right
to use (including copy, modify, create derivative works, publish, distribute, and
commercialize) Feedback in any manner and for any purpose.
12.Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or
controlled by Rost Technology. Rost Technology has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any third party web sites
or services. We do not warrant the offerings of any of these entities/individuals or their
websites.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR
INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH
USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH
THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND
PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
13.Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU
EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY,
OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR
ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT,
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14.Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE,
HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS
ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION
ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY
VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN
IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO
THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE
CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
15.Termination
We may terminate or suspend your account and bar access to Service immediately, without prior
notice or liability, under our sole discretion, for any reason whatsoever and without
limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity, and limitations of liability.
16.Governing Law
These Terms shall be governed and construed in accordance with the laws of India, which
governing law applies to the agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver
of those rights. If any provision of these Terms is held to be invalid or unenforceable by a
court, the remaining provisions of these Terms will remain in effect. These Terms constitute
the entire agreement between us regarding our Service and supersede and replace any prior
agreements we might have had between us regarding Service.
17.Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide
via Service, in our sole discretion without notice. We will not be liable if for any reason
all or any part of Service is unavailable at any time or for any period. From time to time,
we may restrict access to some parts of Service, or the entire Service, to users, including
registered users.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your
responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you
accept and agree to the changes. You are expected to check this page frequently so you are
aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to
be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use Service.
18.Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or condition, and
any failure of Company to assert a right or provision under Terms shall not constitute a
waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to
be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of Terms will continue in
full force and effect.
19.Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE
TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.